Burns Funeral Home is on Fairgrounds Road in Elko, and its site lists Burns Memorial Garden under Cemetery. The home states it offers traditional funerals and cremation services, customized to individual choices of memorial tributes and venues.
What to Do When Someone Dies in Elko County, Nevada
How probate works in Elko County: the Fourth Judicial District Court record, what the process costs, and how to file there.
Probate Court Record
Elko County Fourth Judicial District Court
Elko County · 4th Judicial District
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM (open during the lunch hour)
Office
571 Idaho Street, Elko, NV 89801
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysThe court takes e-filings at any hour through the statewide eFlex portal. Attorneys must e-file; a self-represented filer may file on paper, and one who chooses to e-file continues to do so for the rest of the case. On paper: Self-represented filers may file on paper.
Filing in person
Walk-ins acceptedThe District Court Filing Office in the courthouse takes papers in person on weekdays, including over the lunch hour.
Self-represented filing
AllowedThe county's self-help packets cover family law only, so probate forms come from the State of Nevada Self-Help Center. Court staff do not give legal advice.
Hearing schedule
- Each department holds a weekly law and motion calendar, and an uncontested probate is set on it once its documents are filed by noon the judicial day before.
Departments
- Department I chambers1-775-753-4601 · districtcourt1@elkocountynv.net · Monday-Friday 8:00 AM-5:00 PM (closed at lunch)
- Department II chambers1-775-753-4602 · 605 Idaho Street · districtcourt2@elkocountynv.net
- Department III chambers1-775-738-3980 · districtcourt3@elkocountynv.net
- Court Administrator1-775-748-0312
About the court
- Probate papers are filed at the District Court Filing Office in the Elko County Courthouse at 571 Idaho Street, not at the County Clerk's office on Court Street.
Verified October 16, 2026 · Source
How Probate Works in Elko County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Elko County, probate runs through the Fourth Judicial District Court at 571 Idaho Street, Elko. The court sits in the 4th Judicial District.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Nevada intestacy law when there is no will.
Most Nevada estates take 6 months to 9 months to move through this process. Creditors have 3 monthsNRS 147.040, NRS 147.070, NRS 147.130, NRS 147.195, NRS 155.020Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Elko County
What probate costs in Elko County, Nevada comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Fourth Judicial District Court at 571 Idaho Street, Elko. The court is part of the 4th Judicial District.
The Fourth Judicial District Court charges $0 - $426 (based on estate value)NRS 19.013(1), NRS 19.020(2), NRS 19.0302(1)(c)Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Nevada are negotiated, typically 1%NRS 150.060 (reasonable compensation; on the value of the estate, 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M; hourly billing also permitted)Verified Sep 8, 2026View source to 4%NRS 150.060 (reasonable compensation; on the value of the estate, 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M; hourly billing also permitted)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Nevada sets executor compensation by statute — about $11,150 on a $500,000 estate, roughly 2.2%NRS 150.020 (statutory percentage: 4% on first $15K, 3% next $85K, 2% above $100K); NRS 150.020(4) (further fees the court deems just and reasonable); NRS 150.030 (extraordinary services)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Nevada requires publishing notice to creditors in a local newspaper, and the estate pays for it.
Probate in Nevada typically runs 6 months to 9 months, and costs accrue throughout that period.
How to File Probate at the Fourth Judicial District Court
Probate cases in Elko County, Nevada are filed at the Fourth Judicial District Court. The court sits in the 4th Judicial District.
Beside the filing office, the court lists separate lines for Department I chambers, Department II chambers, Department III chambers, and Court Administrator.
Can You File Without an Attorney?
Nevada has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableNRS 143.340; NRS 155.020 (appointment is by court petition and hearing — no registrar/informal track)Verified Sep 8, 2026View source.
For a full cost comparison and filing checklist, see the Elko County Self-Filing Assessment.
Elko County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
One judge takes the probate docket
The clerk assigns every probate case to the judge assigned the probate docket.
SourceNo filing by fax
A document cannot be filed by faxing it to the clerk. A faxed copy on plain paper may be filed in its place, and the filer keeps the original until the case ends.
SourceCourt Appearances
Uncontested probates heard without attorneys present
An uncontested probate goes on the uncontested probate calendar, and attorneys need not appear. Every document is filed by noon on the judicial day before the law and motion day.
SourceWhat to Bring
Filed with the opening petition at the Fourth Judicial District Court: Copy of the death certificate, attached to the initial petition as an exhibit with the decedent's Social Security number redacted (an uncertified copy suffices; Washoe accepts "some other evidence of death"); Original will and any codicils, delivered to the clerk of the district court within 30 days after knowledge of the death (NRS 136.050(1)-(2))NRS ch. 136 (probate of wills & petitions for letters); NRS 136.090 (petition contents); NRS ch. 138-139 (appointment & priority); NRS ch. 141 (letters)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Elko County
In Elko County certified copies of the death certificate come from Nevada Division of Public and Behavioral Health - Office of Vital Records; the Local Health Department files the certificate and issues no copies to the public.
Vital Records Office Record
Nevada Division of Public and Behavioral Health - Office of Vital Records
Elko County · State vital records office
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (except state holidays)
Office
4150 Technology Way, Suite 104, Carson City, NV 89706
Website
Certified copies
From Nevada Division of Public and Behavioral Health - Office of Vital Records; the Local Health Department files the certificate and issues no copies to the public
Office of Vital Records
4150 Technology Way
Suite 104
Carson City, NV 89706
Certified copy fees
| First certified copy | $25 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Sheriff-Coroner
Elko County · Elko County Sheriff's Office
Phone
Hours
Monday-Friday 7:30 AM-4:30 PM
Office
775 West Silver Street, Elko, NV 89801
Website
Verified November 3, 2026 · Source
Funeral Homes in Elko County
2 funeral homes and crematories in Elko County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
This crematory shares its street address and phone with Burns Funeral Home on Fairgrounds Road in Elko. The Burns site states that the funeral home offers traditional funerals and cremation services.
Funeral homes by city: Elko
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Elko County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.
Deeds and other real property documents for Elko County are recorded with the County Recorder at 571 Idaho Street, Room 103, Elko, NV 89801. Phone: 1-775-738-6526. Hours: Monday-Friday 8:00 AM-5:00 PM (open during the lunch hour).
The County Recorder charges $37 flat, regardless of page count.
Elko County accepts electronic recording through Simplifile, CSC and ePN.
Recording Office Record
County Recorder
Elko County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM (open during the lunch hour)
Office
571 Idaho Street, Room 103, Elko, NV 89801
Website
E-recording
Fax
1-775-738-3299
Recording fees
| Flat fee (any length) | $37 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
NRS 247.305
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Elko County
Nevada allows independent administrationNRS 143.300Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Nevada uses a presumed-reasonable fee schedule for probate attorneys — the percentages are a starting point that can be negotiated, especially for simple estates. Elko County firms typically follow the schedule for routine work and negotiate on complex matters.
A probate attorney files the petition with the Fourth Judicial District Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Family-run firm at 491 4th Street in Elko, led by brothers Travis and Zachary Gerber, fifth-generation Nevadans continuing the practice founded in 1980. In Elko County's Sixth Judicial District it handles wills, revocable and irrevocable trusts, powers of attorney, and probate, with flat-rate pricing and written cost estimates at the first meeting. Free consultation.
Established northeastern Nevada law firm providing estate planning, probate, and elder law services in Elko County. Attorneys include a former district court judge and a former U.S. Army JAG Corps officer.
Kirsty E. Pickering Attorney at Law, P.C.
Ely solo practitioner serving rural eastern Nevada since 2006. Provides estate planning, wills, trusts, probate, guardianship, and general civil services to families in White Pine, Eureka, Elko, and surrounding counties — a region with very few resident attorneys.
Elko-based civil law firm providing estate planning and elder estate services to individuals and families throughout northeastern Nevada. Originally founded in 1992 as Copenhaver & McConnell, the firm serves five rural counties.
General practice firm in Winnemucca serving Humboldt, Pershing, Lander, and Elko counties in the 6th Judicial District. Handles wills, revocable and irrevocable trusts, powers of attorney, living wills, and guardianship proceedings for families across rural northern Nevada.
Solo practitioner in Elko with over 25 years of experience focused on wills, trusts, and probate law. Provides dedicated estate planning services to families in Elko County and northeastern Nevada.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(11)·
- NRS 143.300
- NRS 143.340; NRS 155.020 (appointment is by court petition and hearing — no registrar/informal track)
- NRS 147.040, NRS 147.070, NRS 147.130, NRS 147.195, NRS 155.020
- NRS 150.020 (statutory percentage: 4% on first $15K, 3% next $85K, 2% above $100K); NRS 150.020(4) (further fees the court deems just and reasonable); NRS 150.030 (extraordinary services)
- NRS 150.060 (reasonable compensation; on the value of the estate, 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M; hourly billing also permitted)
- NRS 19.013(1), NRS 19.020(2), NRS 19.0302(1)(c)
- NRS ch. 136 (probate of wills & petitions for letters); NRS 136.090 (petition contents); NRS ch. 138-139 (appointment & priority); NRS ch. 141 (letters)
- NRS 247.305
- Elko County Fourth Judicial District Court, official page
- Elko County Recorder, official page
- Elko County vital records and death investigation offices, official page
Data sourced from Nevada statutes and official state code. How we research.
Tools for Settling an Estate in Nevada
Free tools for settling an estate in Nevada: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Nevada.
How Do I Settle an Estate?
Settling an estate in Nevada: the personal representative files the estate inventory within 120 daysNRS 144.010, NRS 144.090Verified Sep 15, 2026View source of appointment; creditors have 3 monthsNRS 147.040, NRS 147.070, NRS 147.130, NRS 147.195, NRS 155.020Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Nevada happens outside court: the trustee acts under the state's trust statuteNRS Chapter 163, 164, 165Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Nevada has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableNRS 143.340; NRS 155.020 (appointment is by court petition and hearing — no registrar/informal track)Verified Sep 8, 2026View source.
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